PIL challenging car park tower in Breach Candy dismissed

The PIL filed by Breach CRA alleged that the developer committed various illegalities, reports Urvi Jappi.

The 18-storeyed building in Breach Candy in south Mumbai that will sport a mechanical car parking and departmental store got a clearance from the Bombay High Court on Thursday after a public interest litigation (PIL) seeking its demolition was dismissed.

The PIL filed by Breach Candy Residents Association (CRA)alleged that the developer committed various illegalities and various Coastal Regulation Zone (CRZ) Rules and Development Control Regulations (DCR) were flouted.

Dismissing the PIL, a division bench of Chief Justice Harjit Singh Bedi and Justice VM Kanade stated that there was a lot of delay in filing the petition. The tender process was issued in April 2002 and tender of was accepted in April 2003 by Akruti Builders, whereas, the PIL was filed in May 2006.

According to the PIL, the construction of a parking tower and commercial structure on a plot that had been reserved for a parking lot, public sanitary convenience and welfare center was illegal. It also violated the height as stipulated in the DCR.

Counsel for developer, Janak Dwarkadas, argued that they had obtained all the necessary sanctions required in the law. Also, the height of the building was less than 22 meters which is the maximum prescribed in the DCR, said Dwarkadas.